RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        6 January 2005
      DOCKET NUMBER:  AR20040000351


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Eric S. Moore                 |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Fred Eichorn                  |     |Chairperson          |
|     |Mr. Richard T. Dunbar             |     |Member               |
|     |Ms. Yolanda Maldonado             |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests award of the Purple Heart.

2.  The applicant states, in effect, that while he was serving in the field
in Vietnam, a piece of shrapnel got in his right hand and that a doctor
removed the shrapnel and bandaged the wound. The applicant continues that
the information concerning this wound and treatment should be a part of his
record.  The applicant concludes that he was too young to care about medals
in Vietnam, now he would like his Purple Heart.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the
United States Report of Transfer or Discharge).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 17 January 1968, the date of his separation.  The application
submitted in this case is dated 4 April 2004.

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for
correction of military records must be filed within 3 years after discovery
of the alleged error or injustice.  This provision of law allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitation if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant's military records show that he entered active duty on
          18 January 1965.  He successfully completed basic training and
advanced individual training and was awarded the military occupational
specialty (MOS) 11B (Light Weapons Infantryman).  He served in Vietnam from
9 July 1965 through 8 July 1966 as a member of C Company 1st Battalion
(Airborne) 503d Infantry.  He was honorably discharged on 17 January 1968.

4.  The applicant's DD Form 214 does not show award of the Purple Heart in
item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign
Ribbons Awarded or Authorized).

5.  There are no orders in the applicant's records that show he was awarded
the Purple Heart.  His DA Form 20 (Enlisted Qualification Record) does not
show any entry in item 40 (Wounds) and does not list the Purple Heart in
item 41 (Awards and Decorations).  There are no medical records contained
in the available records.

6.  The applicant's name is not listed on the Vietnam Casualty Roster.

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards received by units
serving in Vietnam.  This document shows that, at the time of the
applicant's assignment to C Company 1st Battalion (Airborne) 503d Infantry,
it was awarded the Presidential Unit Citation for action on 8 November 1965
by Department of the Army General Orders Number 40, dated 1966.  This
document also shows that the unit was awarded the Meritorious Unit
Commendation based on Department of the Army General Orders Number 48,
dated 1968 and the Republic of Vietnam Gallantry Cross with Palm Unit
Citation based on Department of the Army General Orders Number 51, dated
1971.

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
that the Purple Heart is awarded for a wound sustained as a result of
hostile action.  Substantiating evidence must be provided to verify that
the wound was the result of hostile action, the wound must have required
treatment, and the medical treatment must have been made a matter of
official record. This regulation also provides that there is no statute of
limitations on requests for award of the Purple Heart.

9.  The applicant's DD Form 214 shows he was awarded the Vietnam Service
Medal.  Appendix B of Army Regulation 600-8-22 lists, in pertinent part,
the military campaign periods of the Vietnam War.  Based on the applicant's
dates of service in Vietnam, Appendix B shows that he participated in the
following three campaigns: Vietnam Defense, Vietnam Counteroffensive, and
Vietnam Counteroffensive, Phase II.

10.  Army Regulation 600-8-22, in pertinent part, authorizes award of a
bronze service star, based on qualifying service, for each campaign listed
in Appendix B of this regulation and states that authorized bronze service
stars will be worn on the appropriate service medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's claim of entitlement to the Purple Heart was carefully
considered.  However, there is insufficient evidence to support this
contention.  By regulation, in order to award the Purple Heart it is
necessary to establish that a soldier was wounded in action, that the wound
required treatment by a medical officer, and the treatment record must have
been made a matter of official record.

2.  The evidence provides no confirmation that the applicant was ever
wounded and/or injured in action.  Item 40 of his DA Form 20 is blank.  His
record is void of any documentary evidence that shows he was ever wounded
in action, or awarded the Purple Heart.

3.  Further, the Purple Heart is not included in the list of authorized
awards listed on the applicant's DD Form 214, which he authenticated with
his signature.  His signature on the separation document indicates he
verified that the information it contained was correct.  Finally, his name
is not included on the Republic of Vietnam Casualty Roster.

4.  Although the veracity of the applicant's claim that he sustained his
injuries in the Republic of Vietnam is not in question, lacking any
corroborating evidence of record showing that he was treated for a wound
and/or injury that was the direct result of or caused by enemy action, the
regulatory burden of proof necessary to support award of the Purple Heart
has not been satisfied in this case.  As a result, his request for the
Purple Heart must be denied in the interest of all those who served in the
Republic of Vietnam and who faced similar circumstances.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 17 January 1968.  Therefore, the time
for the applicant to file a request for correction of an error or injustice
expired on    16 January 1971.  Although the applicant did not file within
the ABCMR's statute of limitations, it is appropriate to waive failure to
timely file in this case based on the fact there is no statute of
limitations on requests for award of the Purple Heart.

6.  The evidence shows that based on his service and campaign participation
in the Republic of Vietnam, the applicant is entitled to the Presidential
Unit Citation, the Meritorious Unit Commendation, the Republic of Vietnam
Gallantry Cross with Palm Unit Citation and three bronze service stars for
wear on his Vietnam Service Medal.  The omission of these awards from his
record is an administrative matter and does not require Board action to
correct.  Thus, administrative correction of his record will be
accomplished by the Case Management Support Division (CMSD), St. Louis,
Missouri, as outlined by the Board in paragraph 3 of the BOARD
DETERMINATION/RECOMMENDATION section below.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___ym___  ___fe ___  ___rtd __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that it was appropriate to waiver the ABCMR's
three-year statute of limitations in this case.

2.  The Board determined that the evidence presented does not demonstrated
the existence of a probable error or injustice.  Therefore, the Board
determined that the overall merits of this case are insufficient as a basis
for correction of the records of the individual concerned to show award of
the Purple Heart.

3.  The Board determined that administrative error in the records of the
individual should be corrected.  Therefore, it is requested that the CMSD-
St. Louis administratively correct the records of the individual concerned
to show that based on his service and campaign participation in the
Republic of Vietnam, he is entitled to the Presidential Unit Citation, the
Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with
Palm Unit Citation and three bronze service stars for wear on his Vietnam
Service Medal, and by providing him a corrected separation document that
includes these awards.




                                  _______Fred Eichorn_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040000351                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/01/06                              |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0015                                |
|2.                      |107.0088                                |
|3.                      |107.0095                                |
|4.                      |107.0031                                |
|5.                      |                                        |
|6.                      |                                        |


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